Rumi Kumari Phukan, J.

A news item titled “Hospital attacks Dona's parents (punish the baby killers)” was published in The Times of India in the issue dated 15.09.2003 in the front page which is extracted as below :-

“Guwahati : The Wintorbe Hospital authorities are coming up bizarre explanation to wriggle out the case of concerning death of 3½ years old Shristi Chetri or Dona. The child died at the Wintrobe hospital on August 31. The hospital authorities have gone to the extent of levelling charges of negligence towards the girl child by the parents.

The Managing Director of the Hospital Tridib Baruah told TNN on Sunday, Vimal Chetri and his wife (Dona's parents) did not want Dona who had a congenial heart disease to survive because she was a girl. When Dona was brought to the hospital on August 31 around 1 pm she was gasping her breath. She was in last stage.

Enquiries reveal that Dona was diagnosed with ventricular Special defect (VSD) when she was just 15 days old. No person with such complication can survive without surgical intervention. Dona's parents had been advised by Doctors, relatives and parents to go for the necessary operation, Baruah said.

In mid-August, a Child Specialists treated her with clear mention of serious heart ailment and advised her parents to get cardiological investigation done as soon as possible. Surprisingly Dona' s parents had not done cardiological test not even the ECG. The child was also advised to undergo cardiac surgery by expert from APOLLO Hospital who examined her. Recent X-ray reports reveal serious heart ailment effecting the lungs, he said.

On August 30 a day before her death, Dona was in agony and was at high fever. Her parents did not have time to take to hospital despite instructions from Child Specialist Nivedita Goswami. Dona's father replied that he was too busy to take her to hospital. The fact is that when Dona was in deep agony her parents were celebrating their son's birthday till late in the night. It was on the next day, that too at around 1 pm that her parents bought her to hospital. After completing the formalities she was administered injection and oxygen. Child Specialists Ajit Sharma came immediately and treated Dona till 1.55 pm before the child died, Baruah said.

The child might have survived had her parents followed the advice given by various Specialists and ensured that she got treatment on time. Dona's parents are now blaming the hospital just to save themselves, he added.”

2. According to the appellant who is a practising advocate, the said allegations made in the news item against them are totally false and baseless and the same is imaginary, concocted and fabricated. Because their daughter has no such congenial heart disease and at no point of time she was ever treated by cardiologist etc. Rather she was a healthy baby and was studying in preparatory class of Spring Birds School. Challenging the publication of above news item at the instance of the respondent which has lowered his reputation, the appellant, as a complainant, lodged a complaint case before the Chief Judicial Magistrate, Kamrup for prosecution of the respondent u/s 500 IPC.

3. On the basis of the complaint cognizance was taken under Section 500 of the IPC and process was issued against the respondent. The case was tried by the learned Spl. Judicial Magistrate, Kamrup, Guwahati. During the trial the complainant examined five witnesses including the complainant himself. Defence pleaded innocence but examined no witness in his defence. The learned trial court on conclusion of the trial found the accused respondent not guilty and acquitted him from the charge under Section 500 of the IPC.

4. Being aggrieved and dissatisfied with the judgment and order of acquittal, the present appeal has been preferred by the appellant mainly on the ground that the evidence on record does not warrant acquittal of the accused. The bare perusal of the Ext.1(1)(News Item) it has been clearly disclosed that